I-4-1-80.Role of OGC and U.S. Attorney

Last Update: 9/13/05 (Transmittal I-4-15)

A. Preparation of Initial Response

OGC prepares the initial response to complaints filed in district court. The initial response usually consists of an answer to all of the points raised in the complaint and a copy of the certified administrative record. However, if CCPRB staff advise OGC that the AC believes remand should be sought, the initial response will take the form of a motion for remand which must show “good cause” for seeking remand. OGC also prepares motions to dismiss for failure to exhaust, untimeliness, and res judicata when the CCPRB prepares a declaration to support such a motion. OGC forwards the suggested initial response to the U.S. Attorney in the district court's jurisdiction for filing with the court.

B. Preparation of Briefs and Other Filings

Following the Commissioner's initial response to the complaint, the next step is usually to file a motion for summary judgment and an accompanying brief. Attorneys in OGC OPLaw and OGC's regional offices prepare these materials. Each office handles specific jurisdictions. For a map of the SSA Regions, see the following website http://www.ssa.gov/regions. For the jurisdictional assignments for each OGC regional office and OPLaw, see I-4-1-116 (Office of the General Counsel's Regional and Headquarters Jurisdictional Assignments (Effective April 2003)).

Upon completion of the brief, OGC sends it to the appropriate U.S. Attorney for filing with the court. The U.S. Attorney will contact OGC if he or she sees any problems with the brief.

C. Oral Argument

Although most District Courts decide Social Security cases on the basis of the CAR, motions and briefs, some judges and magistrate judges prefer oral arguments to be made. In these districts, the U.S. Attorney (or one of his or her assistants) and/or an attorney from OGC will present oral argument for the Commissioner.

LIST OF EXHIBITS

Court Records Assistant Exhibits

I-4-1-90

Exhibit - LOTS-Generated Request for Reprographic Services

I-4-1-91

Exhibit - Sample Annotated Exhibit List Non-Six Part Folder

I-4-1-92

Exhibit - Sample Annotated Exhibit List Six Part Folder

I-4-1-93

Exhibit - Sample Certified Administrative Record Index

I-4-1-94

Exhibit - Standard Certification Form

I-4-1-95

Exhibit - Modified Certification Form

I-4-1-96

Exhibit - Illustration of Proper Assembly of Certified Administrative Record

I-4-1-97

Exhibit - Disposition of Claim File Charts

I-4-1-98

Exhibit - Request for Recording Audit

I-4-1-99

Exhibit - Certified Administrative Record Copy Requirements

I-4-1-100

Exhibit - Illustration of Assembly of Administrative Record for a “C” Case

Reprographics and Contracts Staff Exhibits

I-4-1-101

Exhibit - OGC Certified Administrative Record Transmittal Sheet

I-4-1-102

Exhibit - Transcript Contractor Report

I-4-1-103

Exhibit - Memorandum Advising CCPRB of Audit

I-4-1-104

Exhibit - Legal Clerk's Memorandum Following Recording Audit Non-Blank Recording

I-4-1-105

Exhibit - Legal Clerk's Memorandum Following Recording Audit Blank Recording

General Exhibits

I-4-1-106

Exhibit - Fill-in Draft Memorandum to OGC Requesting Remand

I-4-1-107

Exhibit - Transcript Request Form

I-4-1-108

Exhibit - Memorandum to OGC Requesting Defense on the Record

I-4-1-109

Exhibit - Fill-in Draft Declaration Untimely Any Title (DCL 11)

I-4-1-110

Exhibit - Documentation of Civil Action Filing Date Memorandum for the File

I-4-1-111

Exhibit - Fill-in Draft Declaration Failure to Exhaust Any Title (DCL 12)

I-4-1-112

Exhibit - Fill-in Draft Declaration Res Judicata Any Title (DCL 13)

I-4-1-113

Exhibit - Pre-printed Routing and Transmittal Slip for Declaration

I-4-1-114

Exhibit - Fill-in Memorandum to OGC Duplicate Complaint

I-4-1-115

Exhibit - LOTS Generated NCC Claims Request Form

I-4-1-116

Exhibit Office of the General Counsel's Regional and Headquarters Jurisdictional Assignments (Effective April 2003)